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HON. MICHEAL DAPIANLONG & ORS v. CHIEF (DR.) JOSHUA CHIBI DARIYE & ANOR

(2007) JELR 44071 (CA)

Court of Appeal  •  CA/J/302/2006  •  8 Mar 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; KUMAI BAYANG AKAAHS JCA; MOHAMMAD LADAN TSAMIYA JCA; ABDU ABOKI JCA; UZO I. NDUKWE-ANYANWU JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The 1st respondent as the plaintiff before the Plateau State High Court No.3 Jos Coram Damulak J., commenced this action by way of originating summons on the 27th November, 2006 whereby he sought for the determination of these questions and the granting of these reliefs;

1. Whether the one-third (1/3) of the members of the Plateau State House of Assembly envisaged under section 188(2) of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter called "the Constitution") for the purpose of signing a notice of allegation against a Governor or Deputy Governor (in this case the plaintiff) includes the person presiding over the House whether as Speaker or other presiding officer.

2. In view of the clear and mandatory provisions of section 91 of the Constitution whether the House of Assembly of Plateau State established under section 90 of the said Constitution can be properly constituted by a faction of only 6 (or 8?) eleā€¦

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